Matchdoctor.com Membership Agreement
(Last Revised: February 7, 2006)
By using Matchdoctor.com (“this site”) you agree to the following Membership Agreement:
Summary of Membership Agreement
A. Our Safety Warning is incorporated into this Membership
Agreement. You acknowledge that you have read the safety warning when you join this
web site. Highlights of the Safety Warning are:
We do not do background checks or vet in any way the members and profiles on our site.
We are a classified advertising service. It is up to you to investigate the true nature of
anyone you try and date, as if you met someone at a bar or nightclub. Please be careful and
cautious as you would in any other dating situation in meeting a stranger.
There are many different types of fraud on the Internet, so please be careful of who you let
enter your life. We do not suggest you release private financial data or send money to anyone.
Many people will ask you for money just to see if you will send it. We strongly recommend you refuse.
Please report any abuses to our abuse department.
B. This service is for adults only. You must be at least 18 years old to register, and by signing
up for a membership on this site you certify that you are at least 18 years
old. If your state or country that you live in requires you to be older than
18, you certify that you are of a proper age to legally sign up for our
services by signing up for a membership on this site.
C. You agree to provide true and correct information about yourself on this site.
D. You agree not to
use this site for illegal purposes or for the transmission of material that is
unlawful, harassing, libelous, invasive of another's privacy, sexually and/or
racially offensive, abusive, threatening, harmful, vulgar, obscene, torturous,
or otherwise objectionable, or that infringes or may infringe the intellectual
property or other rights of another. This site reserves the right to edit or
remove any information you transmit to this site, or remove your membership at
any time for any reason.
E. You agree not to use this site for the transmission of "junk mail," "spam,"
"chain letters," or unsolicited mass distribution of email or for any
commercial purposes.
F. You agree to be responsible for your interactions with other
members of this site. You agree that this site is not responsible or liable for content
posted on the service by third parties or members or the conduct of any member. You
agree that it is your responsibility to investigate matches/users of our site and that
you will verify they are legitimate date seekers. There are many different frauds, schemes,
and deceptions on the Internet, and we strongly caution you to be skeptical of any of our members
until you learn more about them and verify their background.
You may always report any violations you see of this service
agreement, or any questions you have about this membership agreement, to our abuse department.
1) ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS & CONDITIONS
This site is owned and operated by Online Singles, LLC, a
Florida Limited Liability Company. This
site is provided to you under the terms and conditions of this Membership
Agreement and any changes or amendments made to this Membership Agreement in
the future, as well as this sites operating rules and/or policies
(collectively, the “Agreement”). This Agreement applies to all services of this
site, separately and as a whole.
BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE
CHECKBOX LABELED "I HAVE READ AND UNDERSTOOD THE FOREGOING AGREEMENT AND
AGREE TO BE BOUND BY ALL OF ITS TERMS", YOU REPRESENT AND WARRANT THAT YOU
ARE AT LEAST 18 YEARS OLD AND OF LEGAL AGE TO BECOME A MEMBER OF THIS SITE AND
AGREE TO BE BOUND BY THIS AGREEMENT.
2) MEMBER'S REGISTRATION INFORMATION
As a condition of use of the Service, you agree to provide
true, accurate, current and complete information about yourself, and to update
this data if any of your information changes. If any information provided by
you is untrue, inaccurate, not up-to-date or incomplete, this site has the
right to terminate your account and refuse any and all current or future use of
this site. Additionally, unauthorized use of this site for commercial purposes may result in legal action against both your company and you personally. If you would like to advertise on this website, please submit a support ticket to our billing department.
3) MEMBER INFORMATION
This site considers non-public member account information,
including but not limited to information provided during the registration
process and e-mail communications transmitted through this site, to be private
information. This site will not disclose such information to any third parties
without your consent, except that you agree that this site may do so in the
good faith belief that such action is reasonably necessary: (a) to comply with
the law; (b) to comply with legal process, any police or similar authorities
investigation, or to investigate any abuse or illegal activity which we verify
in an account; (c) to enforce this Agreement; (d)
to respond to claims that such content violates the rights of third-parties;
(e) to protect the rights or interests of this site; or (f) to protect the
rights or interests of this site users or others.
Public information on this site, which includes anything the other
members of this site can see (such as message board posts, blogs, your
profile, etc.), may be seen by anyone in the public (members and
non-members) and is considered in the public domain. Search engines may
also crawl and index this content.
We are a free to use web site, and rely heavily on advertising to
exist. Without ad dollars, our site would have to be disbanded.
However, we do not share your private information with any advertiser,
except in the case you opt-in to learn more about the advertiser. This
can only be done with your specific intent. The one thing we may use
is your geographic information to display location-relevant
advertising on our web site. We take your privacy seriously, and will
do our best to respect your wishes if you make them known.
An exception to the above includes any type of testimonial sent to the site.
Testimonials may be used on the Matchdoctor.com or on any other media or
network which is used to promote the site. Your username may also be linked
to your testimonial unless you specifically tell us you would like to opt out
of including your linked name.
You understand and agree that this site may access the
content of your account in order to identify and resolve technical problems or
service complaints, or for other reasonable purposes to operate this site.
4) MODIFICATIONS TO MEMBERSHIP AGREEMENT
This site may change the Agreement from time to time. Your continued use of this site after such notice constitutes
your acceptance of any such changes.
5) MODIFICATIONS TO SERVICE
This site reserves the right to modify or discontinue, temporarily or permanently,
this site or parts of this site without notice to you. You agree that this site shall
not be liable to you or any third party for any modification or discontinuance of this site.
6) MEMBER CONDUCT
You agree to be solely responsible for the contents of your
profile, emails, chat room messages, or any other transmissions to or through
this site and for your interactions with other members of this site.
You agree to abide by all applicable local, state, national,
and international laws and regulations in your use of this site, and agree not
to attempt to gain unauthorized access to other computer systems or networks
through this site.
You also agree not to interfere with the use and enjoyment
of the Service by other members.
You agree not to transmit any unlawful, harassing, libelous,
privacy invading, abusive, threatening, harmful, vulgar, obscene or otherwise
objectionable material of any kind.
You agree not to transmit any material that violates the
rights of another, including but not limited to the intellectual property
rights of another.
You agree not to transmit "junk mail,"
"spam," "chain letters, " or unsolicited mass distribution
of email, or to use this site for any commercial purposes.
You agree not to include in your public profile any
telephone numbers, street addresses, last names, URLs, or email addresses. This
site reserves the right, but has no obligation, to reject or remove any profile
or photo, either partially or in full.
You agree not to impersonate any other person in your use of
this site.
You agree not to resell your membership or any services of
this site.
7) TERMINATION
You agree that this site may, in its sole discretion,
terminate or suspend your access to all or part of this site for any reason,
including, without limitation, breach of this Agreement or any subsequent
modifications, or attempted assignment of your account by you. You acknowledge
and agree that termination
may be effected without prior notice, and acknowledge and agree that this site
may immediately delete files in your account and bar any further access
thereto.
This site shall not be liable to you or any third party for
the termination of your membership or any claims related to the termination of
your membership. Any suspected
fraudulent, abusive or illegal activity may be grounds for termination of your
account and may be referred to appropriate law enforcement authorities.
Should you object to any terms and conditions of this
Agreement, or any subsequent changes to this Agreement, or become dissatisfied
with the Service in any way, your only recourse is to immediately
discontinue and terminate your membership with the Service by filling out the
cancellation form.
8) DEALINGS WITH ADVERTISERS, VENDORS & OTHER THIRD PARTIES
This site does not endorse and is not responsible or liable
for any content, advertising, products, or other materials on or available from
third parties. You agree not to hold this site liable for any loss or damage of
any sort incurred as the result of the presence, availability or
non-availability of the advertisers, partners, vendors or other third parties
available on or through this site, or as the result of any dealings with such
parties, including but not limited to attendance at events advertised or
purchase or use of goods or services offered on or through this site.
9) PROPRIETARY RIGHTS
You acknowledge and agree that content, including but not
limited to text, software, music, sound, photographs, graphics, video, or other
material contained in sponsor advertisements or information presented to you by
this site, its partners or advertisers, is protected by copyrights, trademarks,
service marks, patents, or other proprietary rights and laws. You acknowledge and
agree that you are
permitted to download and print this material and information for your
personal, non-commercial use or as expressly authorized by this site, its
partners or advertisers, and may not copy, reproduce, transmit, distribute, or
create derivative works of such content or information without express
authorization.
You acknowledge and agree that any material you post in any
areas on this site, including photos or other images, that are accessible to the public or this site's membership, in whole or in part, will be treated as non-confidential and non-proprietary and this site may use
such material in any medium for any purpose, including but not limited to the
reproduction, disclosure, transmission, publication, broadcast and posting of
such material in advertising and promotions.
EXCEPTION: You may post a copyrighted story or poem in a public area
and retain any valid copyright(s) you may possess on the story/poem, IF
AND ONLY IF you enclose the story/poem in quotation marks, and mark it
with a byline at the end of the story/poem. In doing so, you grant a
perpetual permenant free license for us to use your story/poem in
public areas of this site at our discretion, but for no other purposes.
Note that public areas of this site may be crawled and indexed by
search engines.
10) DISCLAIMER OF WARRANTIES
This site and the materials available on or through this
site are provided "as is" and "as available" and without
warranties or conditions of any kind either expressed or implied. To the fullest extent permissible under
applicable law, this site disclaims all warranties and conditions, express or
implied, including, but not limited to, implied warranties and conditions of
merchantability, merchant quality, correspondence to description and fitness
for a particular purpose. This site
does not represent or warrant that this site will be uninterrupted or
error-free, that defects will be corrected, or that this site or the server
that makes it available, are free of viruses or other harmful components.
This site does not represent or warrant that
the materials or the results of the use of the materials available through this
site or from third parties will be correct, accurate, timely, reliable or
otherwise.
11) LIMITATION OF LIABILITY
To the fullest extent permissible under applicable law, this
site shall not be liable under any circumstances, including but not limited to
negligence, for any direct, indirect, incidental, special or consequential
damages that result from the use of or the inability to use this site, any
changes to this site, unauthorized access to or alteration of your
transmissions or data, any material or data sent or received or not sent or
received, or any transactions entered into through this site. You specifically
agree that this site is not responsible or liable for any threatening,
defamatory, obscene, offensive or illegal content or conduct of any other party
or any infringement of another's rights, including intellectual property
rights. If you are dissatisfied with
the Service, the materials available on or through this site, or with any of this
site's terms and conditions, your sole and exclusive remedy is to discontinue
using this site.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION
OF WARRANTIES, CONDITIONS OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO SOME OF THE ABOVE LIMITATIONS IN SECTIONS 10 AND 11 MAY NOT APPLY TO YOU.
12) INDEMNIFICATION
You agree to indemnify and hold this site and each of its
stand-alone services, its parents, subsidiaries, affiliates, officers and
employees, harmless from any claim, demand, or damage, including reasonable
attorneys' fees, asserted by any third party due to or arising from the content
you transmit to or through, as well as your conduct on or arising from the use
of, this site.
13) GENERAL
This Agreement and the relationship between you and this
site shall be governed by the laws of the State of Florida without regard to
its conflict of law provisions. You and
this site agree to submit to the personal and exclusive jurisdiction of the
State of Florida, Broward County, or the applicable United States District
Court covering Broward County, Florida. However, both this site and you agree
to submit to binding arbitration for any dispute. Such arbitration shall be
held before one arbiter who is a member of the American Arbitration
Association, using Florida Law and in the venue of Broward County, Florida.
This site's failure to exercise or enforce any right or
provision of this Agreement shall not constitute a waiver of such right or
provision. If any provision of this Agreement is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of the Agreement remain in full force and
effect. You agree that regardless of
any statute or law to the contrary, any claim or cause of action arising out of
or related to use of this site or this Agreement must be filed within one (1)
year after such claim or cause of action arose or be forever barred.
The section titles in this Agreement are for convenience
only and have no legal or contractual effect.
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